Any time you are involved in a car crash, there is a claim available, regardless of whether you choose to pursue it. You have the option of settling your claim out of court without going to trial. Unfortunately, many insurance companies do not offer fair settlements to individuals. When your claim cannot be settled, the next step is to file a court case and proceed with litigation.
Because the process of either settling or litigating in court is complicated, it is best to seek assistance from an attorney when filing a car accident claim in Cook County. Working with an experienced car accident attorney at McCready Law could ensure you get the highest amount of compensation you are due after your accident.
The first step in setting up a claim is for the injured party’s lawyer to reach out to the insurance company. The insurance company may also reach out to the injured person. Both the insurance adjuster and the attorney will perform their own independent investigation of the accident, as well as any injuries sustained. Negotiations can begin when the lawyer presents a demand for settlement to the insurance adjuster. If a case settles out of court, then it is over, but when it does not settle, the next option is litigation.
Several elements are needed for a car crash claim. First, the injured party must prove liability, meaning the accident was the result of someone else’s negligent conduct. The second part of a claim involves damages. Damages can be proven in many ways, but the most effective is through medical records documenting the injuries and the rehabilitation period. A Cook County lawyer could ensure all documents to prove damages are included when filing a car accident claim.
The accident investigation must be completed prior to submitting a claim to the insurance company. It is also important the injured person has made a full medical recovery, because once a case is settled, they cannot go back and ask for more money even if their injuries get worse.
A lawyer must know the extent of their client’s injuries, if they made a complete recovery, or what their long-term prognosis may be to submit a demand for settlement which adequately compensates them. The client should always keep their attorney up to date with their medical treatment and recovery, because a lawyer will not know the extent of what the person has gone through following a car wreck.
Several different courts handle car accident claims. Cases worth less than $30,000 are filed in the municipal department, and cases involving damages over $30,000 are typically filed in the law division. Under certain circumstances, injured parties may file a Cook County car accident case in federal court. To be eligible to file in Federal Court, the accident must be between citizens of two different states. One example is a tractor trailer wreck where the driver of the truck lives in a different state from the injured individual. A lawyer could advise whether a car accident claim should be filed in municipal or federal court.
When you are filing a car accident claim in Cook County, a lawyer will be in the best position to advise you on the strategic choices that will result in the best possible outcome. There are countless decisions to be made when filing lawsuits, and it is best to consult with an experienced personal injury lawyer so they can ensure the best possible recovery from your case. Call our firm to schedule your appointment.